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2018 Georgia Code 5-7-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-7-4 Case Law from Google Scholar Amendments to OCGA 5-7-4

TITLE 5 APPEAL AND ERROR

Section 7. Appeal or Certiorari by State in Criminal Cases, 5-7-1 through 5-7-6.

ARTICLE 2 APPELLATE PRACTICE

5-7-4. Time limits and procedures governing appeal and certiorari by state.

An appeal by the state, except as otherwise provided for in this chapter, and certiorari by the state, when authorized by this chapter, shall be governed by the same laws and provisions as to time and other procedures as apply to other appellants in criminal cases.

(Ga. L. 1973, p. 297, § 4.)

JUDICIAL DECISIONS

State is authorized to appeal a void sentence pursuant to O.C.G.A. § 5-7-1(a)(5), and the state's appeals are governed by the same time limitations as those applied to other appellants in criminal cases. State v. Jones, 265 Ga. App. 493, 594 S.E.2d 706 (2004).

In the absence of express statutory authority requiring the state to file a motion to amend an improper sentence as a prerequisite to appealing that sentence, the state may appeal directly the sentence imposed by the trial court or file a motion to amend the sentence and then directly appeal the denial thereof, but in any event, the state has 30 days from judgment or from the denial of the motion to amend to file its notice of appeal; however, should the defendant file a motion for new trial, that motion tolls the time within which the state can directly appeal the sentence, and in that case, the state has 30 days from the denial of the motion for new trial to appeal the alleged improper sentence. State v. Jones, 265 Ga. App. 493, 594 S.E.2d 706 (2004).

Out-of-time appeal.

- Defendant's out-of-time appeal was dismissed as defendant's attorney was not entitled to file a sua sponte notice of out-of-time appeal based on the subjective acknowledgment of the attorney's own ineffectiveness; only the trial court could determine whether the failure to file a timely notice of appeal was attributable to an attorney's ineffectiveness and, if so, grant a right to file an out-of-time appeal. Carr v. State, 281 Ga. 43, 635 S.E.2d 767 (2006).

Only trial court can grant right to out-of-time appeal.

- Only the trial court can determine whether the failure to file a timely notice of appeal was attributable to an attorney's ineffectiveness and, if so, grant a right to file an out-of-time appeal; Adams v. State, 440 S.E.2d 639 (1994), and other such decisions cited in Rowland v. State, 452 S.E.2d 756 (1995), are expressly overruled to the extent that they approve another method for addressing procedurally deficient criminal appeals. Carr v. State, 281 Ga. 43, 635 S.E.2d 767 (2006).

Cases Citing O.C.G.A. § 5-7-4

Total Results: 14  |  Sort by: Relevance  |  Newest First

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State v. Wheeler, 849 S.E.2d 401 (Ga. 2020).

Cited 46 times | Published | Supreme Court of Georgia | Oct 5, 2020 | 310 Ga. 72

...certificate of immediate review from the trial judge to take an interlocutory appeal in a criminal case. However, OCGA § 5-7-2 (b) provides an exception to this requirement for appeals taken under OCGA § 5-7-1 (a) (1), (4), (5), and (7). 5 § 5-7-4....
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State v. Lynch, 686 S.E.2d 244 (Ga. 2009).

Cited 36 times | Published | Supreme Court of Georgia | Nov 2, 2009 | 286 Ga. 98, 2009 Fulton County D. Rep. 3465

...to OCGA § 5-7-1 et seq. OCGA § 5-6-34(d) uses the same language as OCGA §§ 5-6-34(a) and 5-7-1 (a) with regard to an appeal being "taken" when limiting its application to appeals "taken under" subsection (a), (b), or (c) of OCGA § 5-6-34. OCGA § 5-7-4 describes criminal appeals by the State as "authorized by [OCGA § 5-7-1 et seq.]" even though they are otherwise "governed by the same laws and provisions as to time and other procedures as apply to other appellants in criminal cases." We c...
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Metro Atlanta Task Force for the Homeless, Inc. v. Ichthus Cmty. Trust, 298 Ga. 221 (Ga. 2015).

Cited 35 times | Published | Supreme Court of Georgia | Nov 23, 2015 | 780 S.E.2d 311

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Wilkes & Mchugh, P.A. v. LTC Consulting, L.P., 830 S.E.2d 119 (Ga. 2019).

Cited 33 times | Published | Supreme Court of Georgia | Jun 24, 2019 | 306 Ga. 252

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Atlanta Humane Soc'y v. Harkins, 603 S.E.2d 289 (Ga. 2004).

Cited 32 times | Published | Supreme Court of Georgia | Sep 27, 2004 | 278 Ga. 451

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State v. Andrade, 298 Ga. 464 (Ga. 2016).

Cited 22 times | Published | Supreme Court of Georgia | Feb 8, 2016 | 782 S.E.2d 665

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At & T CORP. v. Sigala, 549 S.E.2d 373 (Ga. 2001).

Cited 22 times | Published | Supreme Court of Georgia | Jul 16, 2001 | 274 Ga. 137, 2001 Fulton County D. Rep. 2217

...For state courts, it is statutory law which puts their jurisdiction beyond the reach of the inherent power of the courts. The General Assembly is empowered by the Constitution to define the jurisdiction of the state courts (Ga. Const.1983, Art. VI, Sec.III, Par. I), and has exercised that power in OCGA § 5-7-4....
...rogation of the constitutional grant of jurisdiction within the scope of our inherent power. The constitutional and statutory grants of jurisdiction to the trial courts permit no exception not contained therein, and neither the Constitution nor OCGA § 5-7-4 contains an exception for non-resident aliens....
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Stephens v. State, 264 Ga. 761 (Ga. 1994).

Cited 11 times | Published | Supreme Court of Georgia | Sep 26, 1994 | 450 S.E.2d 192, 95 Fulton County D. Rep. 179

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JWIC, INC. v. City of Sylvester, 603 S.E.2d 247 (Ga. 2004).

Cited 5 times | Published | Supreme Court of Georgia | Sep 27, 2004 | 278 Ga. 416, 2004 Fulton County D. Rep. 3121

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Dawson v. Dawson, 597 S.E.2d 114 (Ga. 2004).

Cited 4 times | Published | Supreme Court of Georgia | May 24, 2004 | 277 Ga. 850, 2004 Fulton County D. Rep. 1710

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Oconee Cnty. Bd. of Tax Assessors v. Thomas, 282 Ga. 422 (Ga. 2007).

Cited 3 times | Published | Supreme Court of Georgia | Sep 24, 2007 | 651 S.E.2d 45, 2007 Fulton County D. Rep. 2919

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Newton Timber Co., L.L.L.P. v. Monroe Cnty. Bd. of Tax Assessors, 295 Ga. 29 (Ga. 2014).

Cited 1 times | Published | Supreme Court of Georgia | Mar 10, 2014 | 755 S.E.2d 770, 2014 Fulton County D. Rep. 442

Chestnut Ridge, LLC v. Hall Cnty. Bd. of Tax Assessors (Ga. 2025).

Published | Supreme Court of Georgia | Dec 9, 2025 | 755 S.E.2d 770, 2014 Fulton County D. Rep. 442

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Wilkes & Mchugh P.A. v. Ltc Consulting, L.P., 306 Ga. 252 (Ga. 2019).

Published | Supreme Court of Georgia | Jun 24, 2019